Wrongful Termination Claim

**Wrongful Termination Claim**

A wrongful termination claim is a legal claim filed by an employee who believes that they were fired from their job without good cause. The employee must prove that the termination was based on a discriminatory reason, such as race, gender, religion, or national origin. They may also be able to claim that the termination was retaliatory, meaning that it was done in retaliation for the employee exercising their rights, such as filing a complaint with the Equal Employment Opportunity Commission (EEOC).

To prove a wrongful termination claim, the employee must show that they were fired for a discriminatory reason or in retaliation for exercising their rights. They must also show that they were qualified for their job and that they were performing their job duties satisfactorily. If the employee is successful in proving their case, they may be awarded damages, such as back pay, lost wages, and compensation for emotional distress.

**Types of Wrongful Termination Claims**

There are two main types of wrongful termination claims: discrimination and retaliation. Discrimination claims are based on the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin. Retaliation claims are based on the anti-retaliation provisions of the Civil Rights Act and other federal laws.

**Discrimination Claims**

An employee may file a discrimination claim if they believe that they were fired because of their race, color, religion, sex, or national origin. To prove a discrimination claim, the employee must show that they were treated differently than other employees who were not members of the protected class. They must also show that the discrimination was a motivating factor in their termination.

**Retaliation Claims**

An employee may file a retaliation claim if they believe that they were fired because they exercised their rights under federal law. For example, an employee may file a retaliation claim if they were fired for filing a complaint with the EEOC or for refusing to work in a dangerous or unhealthy environment.

**How to File a Wrongful Termination Claim**

If you believe that you have been the victim of wrongful termination, you should first file a complaint with the EEOC. The EEOC will investigate your claim and determine whether there is enough evidence to support a lawsuit. If the EEOC finds that there is enough evidence, they will file a lawsuit on your behalf. If the EEOC does not find that there is enough evidence, you may be able to file a lawsuit on your own.

**Wrongful termination claims can be complex and time-consuming. If you are considering filing a claim, it is important to speak to an experienced employment law attorney.**